(b)(6)

DATE: SEP 1 6 '2013 Office: VERMONT SERVICE CENTER

IN RE: Applicant:

U.S. Department of Homeland Security U.S. Citizenship and Immigration Service Administrative Appeals Office (AAO) 20 Massachusetts Ave. , N.W. , MS 2090 Washington, DC 20529-2090

U.S. Citizenship and Immigration Services

FILE:

APPLICATION: Application for Temporary Protected Status under Section 244 of the Immigration and Nationality Act, 8 U.S.C. § 1254

ON BEHALF OF APPLICANT:

INSTRUCTIONS:

Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case.

This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO.

Thank you,

/~ /1/ Ron Rosenberg Chief, Administrative Appeals Office

www. uscis.gov

(b)(6) NON-PRECEDENT DECISION

Page 2

DISCUSSION: The applicant's Temporary Protected Status was withdrawn by the Director, Vermont Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed.

The applicant is a native and citizen of El Salvador who was granted Temporary Protected Status (TPS) under section 244 of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1254.

The director withdrew TPS because the applicant had been convicted of two or more misdemeanors in the United States.

On appeal, the applicant asserts that he is in the process of vacating two of his misdemeanor convictions. The applicant provides a copy of a Motion to Set Aside Guilty Plea and Judgment. The applicant requests an extension of 60-days to supplement his appeal. However, more than two years later, no additional correspondence has been presented by the applicant or his counsel.

The director may withdraw the status of an alien granted TPS under section 244 of the Act at any time if it is determined that the alien was not in fact eligible at the time such status was granted, or at any time thereafter becomes ineligible for such status. 8 C.P.R. § 244.14(a)(1).

An alien shall not be eligible for TPS under this section if the Secretary of the Department of Homeland Security finds that the alien has been convicted of any felony or two or more misdemeanors committed in the United States. See Section 244(c)(2)(B)(i) of the Act and 8 C.F.R. § 244.4(a).

"Misdemeanor" means a crime committed in the United States, either (1) punishable by imprisonment for a term of one year or less, regardless of the term such alien actually served, if any, or (2) a crime treated as a misdemeanor under the term "felony" of this section. For purposes of this definition, any crime punishable by imprisonment for a maximum term of five days or less shall not be considered a misdemeanor. 8 C.F.R. § 244.1.

The term 'conviction' means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, adjudication of guilt has been withheld, where - (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed. Section 101(a)(48)(A) of the Act.

Section 101(a)(48)(B) of the Act provides, "any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part."

In response to the notice of December 10, 2010, which requested the applicant to provide certified judgment and convictions documents from the court(s) for all arrests, the applicant

(b)(6) NON-PRECEDENTDEC~ION

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submitted certified court documentation from Grandview Municipal Court of Missouri . The court documentation indicates that on March 10, 2003 , the applicant was found guilty of: (1) .leaving the scene of a motor vehicle accident, a violation of Missouri Revised Statute 577.060, a Class A misdemeanor; (2) operation of motor vehicle without proper license, a violation of Missouri Revised Statute 302.020, a Class A misdemeanor; and (3) driving while intoxicated (DUI), a violation of Missouri Revised Statute 577.010, a Class B misdemeanor. The applicant was ordered to pay a separate fine for each offense. For the DUI offense the applicant received a suspended sentence and was placed on probation. Ticket nos. and

The applicant is ineligible for TPS due to his misdemeanor convictions. Section 244( c )(2)(B)(i) of the Act and 8 C.F.R. § 244.4(a). The applicant's statements made on appeal have been considered. The proceeding before the AAO cannot be held in abeyance, therefore the record must be considered complete. Consequently, the director ' s decision to withdraw TPS will be affirmed.

An alien applying for TPS has the burden of proving that he or she meets the requirements enumerated above and is otherwise eligible under the provisions of section 244 of the Act. The applicant has failed to meet this burden.

ORDER: The appeal is dismissed.